Can a Perpetual Traveler with South Dakota Residency Vote in the 2024 Primary Election? Yes, and Here’s How.
Before diving into the process and strategy, let’s first set the stage with some background.
The Backstory
In the 2023 legislative session, South Dakota passed Bill 139, amending codified law 12-1-4, which defines the criteria for voter registration. This amendment now requires voter applicants to be South Dakota “residents” for 30 days prior to registration. In the 2024 legislative session, a new bill was introduced to amend the 2023 changes, but it didn’t progress and was ultimately dropped. As a result, some counties have interpreted the law to mean that all new voter registrations require a physical residential address, and registrants must certify that they have physically resided at that address for 30 days prior to registration.
However, this interpretation doesn’t align with the original intent and our interpretation of law 12-1-4, which defines residency as the “intent” to return to an abode in South Dakota after a long period of absence. This has led to confusion and frustration, particularly among traveling residents, some of whom found themselves disenfranchised.
As the 2024 primaries approached, counties designated specific precincts for each mail forwarding service provider, making it easier to identify voters who did not comply with the new law as interpreted by the counties. After the primaries, the voting integrity group South Dakota Canvassing contested 130 absentee ballots from precincts linked to major Sioux Falls forwarding services. Although the state supreme court ultimately allowed the ballots to be counted, the contested votes did not change the outcome of the primaries. This legal battle and its publicity seemed to soften the hardline stance of many officials.
Our Interpretation and Strategy
Earlier this year, I reached out to Leah Anderson, the Minnehaha County Auditor, to discuss the law and its interpretation. Leah was responsive and open to dialogue, which exceeded my expectations. We discussed my interpretation of Bill 139 and law 12-1-4, as well as our strategy for assisting WorldPost.io members who want to register and vote. Although Leah seemed hesitant on our strategy, she was willing to engage in the conversation.
Following the primary election, I scheduled a follow-up meeting with Leah. She informed me that after consulting with the state’s attorney, our strategy was deemed to comply with the law, and we were given the green light to proceed.
Here’s our approach: WorldPost has secured possession of residential addresses in Sioux Falls. These addresses will be available to members who travel to Sioux Falls with the intention of changing their residency. They will stay in these accommodations for their minimum one night requirement. Members will then confirm their intent to return to that address after a period of absence, allowing them to list this “abode” address on their voter registration form, with their PMB address as the mailing address. We’ve also created a South Dakota voters guide and user group to centralize information and nuances related to the voting process. A dedicated WorldPost team member, our “Voting Navigator,” moderates this group. When a member changes their residency to South Dakota, we advise them not to register at the DPS. Instead, they complete the voter registration form at our office, sign it, and we hold it for 30 days before submitting it to the county auditor's office. These services are offered at no cost to members with a qualifying mail forwarding plan.
In Conclusion
I want to clearly state our intent and my position on this matter. Voter integrity is a valid concern, and WorldPost understands these concerns. As the founder of WorldPost, I support Senate Bill 2023-139, which aims to prevent last-minute, ill-intentioned voting by outsiders. However, I do not support voter suppression, whether intended or unintended, that targets a specific category of South Dakota residents. The balanced solution lies in maintaining the 30-day grace period and protecting local elections from outside influence that are not the direct recipient of local tax payer services such as schools, cities and counties. This can be achieved with a split ballot.